Opinion
No. 571073/13.
2014-08-11
MARSID REALTY CO., Petitioner–Landlord–Respondent, v. CHING LEOU LIU, Respondent–Tenant–Appellant, and “John Doe” and “Jane Doe,” Respondents–Undertenants.
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered April 24, 2013, after a nonjury trial, which awarded landlord possession in a holdover summary proceeding.
Present: SCHOENFELD, J.P., SHULMAN, LING–COHAN, JJ. PER CURIAM.
Final judgment (David J. Kaplan, J.), entered April 24, 2013, affirmed, with $25 costs, with issuance of the warrant of eviction permanently stayed on condition that tenant tender, without prejudice to any party, postpetition use and occupancy at the rental rate set forth in the July 24, 2012 renewal lease, within a time to be determined by Civil Court.
In view of the trial court's fully supported finding that tenant failed to timely return the proffered July 24, 2012 renewal lease to landlord ( see Rent Stabilization Code [9 NYCRR] § 2524.3[f] ), we sustain the possessory judgment issued in landlord's favor ( see 921 Fifth Ave. Assoc. v. Eisenberg, 191 A.D.2d 396 [1993], appeal dismissed 82 N.Y.2d 802 [1993] ). However, since the trial record shows that the elderly, long-term (45–year) tenant ultimately signed the renewal lease and, indeed, introduced it as a trial exhibit, we permanently stay issuance of the warrant of eviction on the condition stated above so as to preserve the tenant's home of many years ( see 72A Realty Assoc., L.P. v. Mercado, 36 Misc.3d 137[A], 2012 N.Y. Slip Op 51380[U] [App Term, 1st Dept 2012]; see also Fairbanks Gardens Co. v. Gandhi, 168 Misc.2d 128 [1996], affd 244 A.D.2d 315 [1997] ). Tenant's remaining appellate arguments are unpreserved and, in any event, are lacking in merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur